Current through Vol. 42, No. 1, September 16, 2024
(a) A
person applying for a license under the Act shall do so in a form and in a
medium prescribed by the Commissioner. The application may require the
following information:
(1) the legal name and
residential and business addresses of the applicant and any fictitious or trade
name used by the applicant in conducting its business;
(2) a list of any criminal convictions of the
applicant and any material litigation in which the applicant has been involved
in the 5-year period next preceding the submission of the
application;
(3) a description of
all money transmission services currently provided anywhere by the applicant
and the money transmission services that the applicant seeks to provide in this
State;
(4) a list of the
applicant's proposed authorized delegates and the locations in this State where
the applicant and its authorized delegates propose to engage in money
transmission;
(5) a list of other
States in which the applicant is licensed to engage in money transmission and
any license revocations, suspensions, or other disciplinary action taken
against the applicant in another State during the previous 10-year
period;
(6) information concerning
any bankruptcy or receivership proceedings affecting the licensee during the
previous 10-year period;
(7) a
sample form of contract for authorized delegates;
(8) a description of the source of money and
credit to be used by the applicant to provide money transmission services;
and
(9) any other information the
Commissioner reasonably requires with respect to the applicant.
(b) If an applicant is a
corporation, limited liability company, partnership, or other entity, the
applicant shall also provide:
(1) the date of
the applicant's incorporation or formation and State or country of
incorporation or formation;
(2) if
applicable, a certificate of good standing from the State or country in which
the applicant is incorporated or formed;
(3) a brief description of the structure or
organization of the applicant, including any parent or subsidiary of the
applicant, and whether any parent or subsidiary is publicly traded;
(4) the legal name, any fictitious or trade
name, all business and residential addresses, and the employment, in the 5-year
period next preceding the submission of the application of each executive
officer, manager, director, or person that has control, of the
applicant;
(5) a list of any
criminal convictions and material litigation in which any executive officer,
manager, director, or person in control of, the applicant has been involved in
the 10-year period next preceding the submission of the application;
(6) a copy of the applicant's audited
financial statements for the most recent fiscal year and, if available, for the
two-year period next preceding the submission of the application;
(7) a copy of the applicant's unconsolidated
financial statements for the current fiscal year, whether audited or not, and,
if available, for the two-year period next preceding the submission of the
application;
(8) if the applicant
is publicly traded, a copy of the most recent report filed with the United
States Securities and Exchange Commission under Section 13 of the federal
Securities Exchange Act of 1934 [ 15 U.S.C. Section 78 m (1994 & Supp. V
1999)];
(9) if the applicant is a
wholly owned subsidiary of:
(A) a corporation
publicly traded in the United States, a copy of audited financial statements
for the parent corporation for the most recent fiscal year or a copy of the
parent corporation's most recent report filed under Section 13 of the federal
Securities Exchange Act of 1934 [ 15 U.S.C. Section 78 m (1994 & Supp. V
1999)]; or
(B) a corporation
publicly traded outside the United States, a copy of similar documentation
filed with the regulator of the parent corporation's domicile outside the
United States;
(10) if
the applicant has a registered agent in this State, the name and address of the
applicant's registered agent in this State; and
(11) any other information the Commissioner
reasonably requires with respect to the applicant.
(c) A nonrefundable application fee of
$3,000, a license fee of $2,000, and $50 per authorized delegate must accompany
an application for a license under the Act. The license fee and authorized
delegate fees will be refunded if the application is denied.
(d) The Commissioner may waive one or more
requirements of subsections (a) and (b) or permit an applicant to submit other
information in lieu of the required information.